- Trial Court Law Libraries
A uniform act is one that attempts to establish the same law on a subject in various states or jurisdictions. Uniform acts are drafted by committees made up of Uniform Law Commissioners from various states, plus a reporter (usually a law professor with expertise in the subject matter), and representatives from the American Bar Association. Observers from interested groups may send representatives to participate in the discussions at the drafting meetings. The Uniform Law Commission (ULC) was established in 1892 “in order to provide states with non-partisan, well-conceived, and well-drafted legislation that brings clarity and stability to critical areas of state law.”
Draft acts are submitted for initial debate to the entire Uniform Law Commission at an annual meeting. Each act must be considered section by section at no fewer than two annual meetings. Once all the Commissioners, sitting as a Committee of the Whole, approve an act at an annual meeting, the final step is a vote by the states’ delegations, with each state getting one vote. A majority of the states present, and no fewer than twenty states, must approve an act before it is officially approved. Upon final approval, ULC uniform acts are then submitted to the state legislatures for enactment. State legislatures can reject them, enact them in their entirety, enact only a few provisions, or enact the laws with minor modifications.
The Massachusetts Delegation to the Uniform Law Commission currently includes five Commissioners on the Roster. The Commissioners are appointed by the Governor, pursuant to MGL c.6, § 26. Their duties are outlined in MGL c.6, § 27. The Commissioners serve without compensation, but they are allowed expenses according to MGL c.6, § 28.
Uniform Laws Annotated is a multi-volume reference work prepared under the sponsorship of the National Conference of Commissioners on Uniform State Laws and the American Law Institute. This work examines acts recommended for adoption in all states, and reviews the variations of the model law that individual states have enacted. Access to sections in this title is available to the public through the Massachusetts Trial Court Law Libraries’ “Ask a Law Librarian” service.
Uniform Laws Annotated includes a “Table of Jurisdictions Listing Uniform Acts Adopted”. The list for Massachusetts Acts includes the following statutes (or Court Rule):
| Citation | Title |
|---|---|
| C 106 | Uniform Commercial Code |
| Citation | Title |
|---|---|
| C 109A | Uniform Fraudulent Transfer Act |
| C 110A | Uniform Securities Act |
| C 110G | Uniform Electronic Transactions |
| C180A | Uniform Prudent Management of Institutional Funds |
| C 183B | Real Estate Time-Share Act |
| C 203A | Uniform Common Trust Fund Act |
| C 203B | Uniform Custodial Trust Act |
| C 203C | Massachusetts Prudent Investor Act |
| C 203D | Principal and Income Act |
| C 203E | Massachusetts Uniform Trust Code |
| Citation | Title |
|---|---|
| C 113A | Uniform Anatomical Gift Act |
| C 190B, § 2-511 | Testamentary Addition to Trusts |
| C 190B, §§ 2-701 to 2-711 | Simultaneous Death Act |
| C 190B, § 2-801 | Disclaimer of Property Interests |
| C 190B, §§ 2-901 to 2-906 | Statutory Rules Against Perpetuities |
| C 190B, §§ 6-301 to 6-311 | TOD Security Registration Act |
| C 190B, Article 5A | Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act |
| C 190B, Article VI | Nonprobate Transfers on Death |
| C 190B | Uniform Probate Code |
| C 191B | Uniform Statutory Will Act |
| C 201A | Uniform Transfers to Minors Act |
| Citation | Title |
|---|---|
| C 233, §§ 13A – 13D | Act to Secure Attendance of Witnesses from without a State in Criminal Proceedings |
| Citation | Title |
|---|---|
| C 93, §§ 42 - 42G | Trade Secrets Act |
| C 218, § 4A | Massachusetts Uniform Enforcement of Foreign Judgments Act |
| C 231A | Procedure for Declaratory Judgments |
| C 233, § 79E | Photographic Copies of Business and Public Records as Evidence Act |
| Rules of the Supreme Judicial Court, Rule 1:03 | Uniform Certification of Questions of Law |
The Uniform Law Commission’s Legislative Report, dated July 20, 2023, shows that twelve bills were submitted to the Massachusetts Legislation for the 2023 Session meeting between March 7 and June 15 of this year. All of the bills made it to either the Joint Committee on the Judiciary, or in the case of proposed changes to the Uniform Commercial Code, to the Joint Committee on Financial Services. None were enacted.
The Uniform Law Commission’s website has a wealth of additional information.
In addition to the work of the ULC, there are other organizations that draft model laws. The Model Penal Code was a project of the American Law Institute (ALI), and was published in 1962 after a ten-year drafting period. The Model Penal Code, together with notes and commentaries, is in Volume 10A of Uniform Laws Annotated. Massachusetts is one of fourteen states that has not adopted the Model Penal Code, and is considered a “common law” state in this respect.
The Corporate Laws Committee of the American Bar Association was responsible for drafting and promulgating the Business Corporation Act. Massachusetts enacted MGL c.156D, ABA’s Business Corporation Act in 2003, with variations to conform to Massachusetts policies and practices.
Other organizations also draft model laws.
“There Oughta Be A Law – A Model Law”, an article by Mary Whisner, a reference librarian at the University of Washington School of Law (106 Law Library Journal 125 (2014)), provides an overview of the model laws drafted by a variety of organizations, including professional associations, public interest groups, and individual scholars.
While model laws do provide consistency and fairness across multiple jurisdictions, it is evident from the record that states, including Massachusetts, freely exercise their rights to reject the models, or enact them either partially or in their entirety. Understanding something about the procedure that follows a model law through enactment can give us a window on how our law works.